Benzodiazepine Dispensing in New York: What Pharmacists Need to Know

Navigating controlled substance regulations can be complex, especially when it comes to benzodiazepines. In New York State, these medications fall under strict guidelines that pharmacists must follow to ensure compliance and patient safety, such as where do the regulations state they cannot be refilled. Here's a breakdown of the key dispensing rules and requirements.

One of the most important restrictions is that benzodiazepine prescriptions cannot be refilled, as outlined in §80.67. Additionally, the initial fill must occur within 30 days of the date the prescription was written. For written prescriptions, the standard supply limit is 30 days. However, pharmacists may dispense up to a 90-day supply if the prescription is accompanied by a valid exception code, allowing for extended treatment under appropriate circumstances.

Oral prescriptions are permitted in emergency situations but are subject to strict limitations. The maximum supply allowed for an oral prescription is five days. Within 72 hours of dispensing, the pharmacy must receive a cover prescription that includes the specific phrase: “Authorization for Emergency Dispensing.” If the cover prescription is not received within this timeframe, the pharmacy is required to submit DOH Form 4358, titled “Notification from Pharmacy Practitioner Failure to Provide Official Prescription.” This reporting must be completed within seven days of the initial dispensing to remain compliant with state regulations.

These guidelines are extracted from New York’s Public Health Law §3334 and in Parts §80.67 and §80.68 from Part 80 – Rules and Regulations on Controlled Substances.